People v. Graham

• Decision Date: 17 June 2010
• Parties: The PEOPLE of the State of New York, Respondent, v. Daniel GRAHAM, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

902 N.Y.S.2d 354
74 A.D.3d 613

The PEOPLE of the State of New York, Respondent,
v.
Daniel GRAHAM, Defendant-Appellant.

Supreme Court, Appellate Division, First Department, New York.

June 17, 2010.

Richard M. Greenberg, Office of the Appellate Defender, New York (Lisa A. Packard of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered October 23, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 5 years, unanimously affirmed.

Regardless of whether defendant's oral and written waivers, when taken together, establish a valid waiver of his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006]; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), we perceive no basis for reducing the sentence. No issue is before us concerning the consecutive sentence imposed for the bail jumping conviction.

TOM, J.P., FRIEDMAN, McGUIRE, ACOSTA, ROMÁN, JJ., concur.

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